BILL NUMBER: AB 575	CHAPTERED  10/10/99

	CHAPTER   997
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 1, 1999
	AMENDED IN SENATE   AUGUST 23, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   APRIL 28, 1999

INTRODUCED BY   Assembly Member Aroner

                        FEBRUARY 19, 1999

   An act to amend Sections 202, 366.23, 366.26, 628, 635, 636, 652,
653.5, 658, 660, and 706.5, of, and to add Sections 636.1, 706.6,
726.4, 727.2, 727.3, 727.31, and 727.4 to, the Welfare and
Institutions Code, relating to child welfare services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 575, Aroner.  Child welfare services.
   (1) Existing law provides that children may be adjudged wards of
the juvenile court on the basis of criminal behavior, truancy, or
other specified reasons.  Existing law defines punishment for
purposes of these provisions of the juvenile court law.
   Existing law also establishes the jurisdiction of the juvenile
court in the case of children who have been abused or neglected, who
may be adjudged dependent children of the juvenile court.  These
provisions require that parents and guardians be notified regarding
hearings concerning children in their care.  These provisions also
require that a case plan be prepared regarding dependent children and
that specified services shall be provided to effect family
reunification in designated circumstances.
   Existing law provides that a child may be declared free from the
custody and control of a parent, upon clear and convincing evidence,
that the parent has abandoned, neglected, or cruelly treated the
child, or that the parent is incapacitated, as specified, and is
determined to be unable or unfit to care for or control the child.
   This bill would require the filing of a specified social study
prior to the filing of that petition.  The bill would establish
proceedings for reviewing the status of and, in certain cases,
terminating parental rights with respect to, a minor who has been
adjudged a ward of the juvenile court and who has been placed in
foster care.  The bill would also require that where a court orders a
minor to be placed under the supervision of the probation officer,
the court shall inquire as to the identity and address of all
presumed or alleged fathers, as specified.
   The bill would revise the definition of punishment to specifically
exclude the placement of a child in defined foster care from that
definition.  The bill would require that foster parents, relative
caregivers, legal guardian, and preadoptive parents, as defined,
receive notice and other specified information when children in their
care are taken into custody or are the subjects of various hearings
which may result in, or are the result of, the children being
adjudged wards of the juvenile court.  The bill would require the
probation officer to prepare a case plan describing the strengths and
needs of a minor and his or her family when a minor is detained.
The bill would also require that a case plan be prepared describing
the services provided to children who are at risk of entering foster
care as specified.  The bill would make other, related changes
requiring, among other things, that child welfare services be
provided to wards of the juvenile court who are in defined foster
care and their parents and that a review of their status be conducted
no less frequently than once every 6 months.  It also would require
specified permanency planning hearings.  By imposing additional
duties on local officials, the bill would impose a state-mandated
local program.
   (2) The bill would also require the Judicial Council to adopt
rules of court, forms, and procedures to implement statutes
pertaining to children in foster care placements.
   (3) The bill would incorporate additional changes to Section 202
of the Welfare and Institutions Code made by this bill and AB 645 to
take effect if both bills are enacted and this bill is enacted last.

  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 202 of the Welfare and Institutions Code is
amended to read:
   202.  (a) The purpose of this chapter is to provide for the
protection and safety of the public and each minor under the
jurisdiction of the juvenile court and to preserve and strengthen the
minor's family ties whenever possible, removing the minor from the
custody of his or her parents only when necessary for his or her
welfare or for the safety and protection of the public.  When removal
of a minor is determined by the juvenile court to be necessary,
reunification of the minor with his or her family shall be a primary
objective.  When the minor is removed from his or her own family, it
is the purpose of this chapter to secure for the minor custody, care,
and discipline as nearly as possible equivalent to that which should
have been given by his or her parents.  This chapter shall be
liberally construed to carry out these purposes.
   (b) Minors under the jurisdiction of the juvenile court who are in
need of protective services shall receive care, treatment and
guidance consistent with their best interest and the best interest of
the public.  Minors under the jurisdiction of the juvenile court as
a consequence of delinquent conduct shall, in conformity with the
interests of public safety and protection, receive care, treatment,
and guidance that is consistent with their best interest, that holds
them accountable for their behavior, and that is appropriate for
their circumstances.  This guidance may include punishment that is
consistent with the rehabilitative objectives of this chapter.  If a
minor has been removed from the custody of his or her parents, family
preservation and family reunification are appropriate goals for the
juvenile court to consider when determining the disposition of a
minor under the jurisdiction of the juvenile court as a consequence
of delinquent conduct when those goals are consistent with his or her
best interests and the best interests of the public.  When the minor
is no longer a ward of the juvenile court, the guidance he or she
received should enable him or her to be a law-abiding and productive
member of his or her family and the community.
   (c) It is also the purpose of this chapter to reaffirm that the
duty of a parent to support and maintain a minor child continues,
subject to the financial ability of the parent to pay, during any
period in which the minor may be declared a ward of the court and
removed from the custody of the parent.
   (d) Juvenile courts and other public agencies charged with
enforcing, interpreting, and administering the juvenile court law
shall consider the safety and protection of the public, the
importance of redressing injuries to victims, and the best interests
of the minor in all deliberations pursuant to this chapter.
Participants in the juvenile justice system shall hold themselves
accountable for its results.  They shall act in conformity with a
comprehensive set of objectives established to improve system
performance in a vigorous and ongoing manner.
   (e) As used in this chapter, "punishment" means the imposition of
sanctions.  It shall not include a court order to place a child in
foster care as defined by Section 727.3.  Permissible sanctions may
include the following:
   (1) Payment of a fine by the minor.
   (2) Rendering of compulsory service without compensation performed
for the benefit of the community by the minor.
   (3) Limitations on the minor's liberty imposed as a condition of
probation or parole.
   (4) Commitment of the minor to a local detention or treatment
facility, such as a juvenile hall, camp, or ranch.
   (5) Commitment of the minor to the Department of the Youth
Authority.
   "Punishment," for the purposes of this chapter, does not include
retribution.
   (f) In addition to the actions authorized by subdivision (e), the
juvenile court may, as appropriate, direct the offender to complete a
victim impact class, participate in victim offender conferencing
subject to the victim's consent, pay restitution to the victim or
victims, and make a contribution to the victim restitution fund after
all victim restitution orders and fines have been satisfied, in
order to hold the offender accountable or restore the victim or
community.
  SEC. 1.1.  Section 202 of the Welfare and Institutions Code is
amended to read:
   202.  (a) The purpose of this chapter is to provide for the
protection and safety of the public and each minor under the
jurisdiction of the juvenile court and to preserve and strengthen the
minor's family ties whenever possible, removing the minor from the
custody of his or her parents only when necessary for his or her
welfare or for the safety and protection of the public.  When removal
of a minor is determined by the juvenile court to be necessary,
reunification of the minor with his or her family shall be a primary
objective.  When the minor is removed from his or her own family, it
is the purpose of this chapter to secure for the minor custody, care,
and discipline as nearly as possible equivalent to that which should
have been given by his or her parents.  This chapter shall be
liberally construed to carry out these purposes.
   (b) Minors under the jurisdiction of the juvenile court who are in
need of protective services shall receive care, treatment, guidance,
and education, including special education and related services if
the child has exceptional needs as described in Part 30 (commencing
with Section 56000) of Division 4 of Title 2 of the Education Code or
the right to receive accommodations if the child has disabilities as
described in Chapter 16 of Title 29 of the United States Code
consistent with their best interest and the best interest of the
public.  Minors under the jurisdiction of the juvenile court as a
consequence of delinquent conduct shall, in conformity with the
interests of public safety and protection, receive care, treatment
and guidance that is consistent with their best interest, that holds
them accountable for their behavior, and that is appropriate for
their circumstances.  This guidance may include punishment that is
consistent with the rehabilitative objectives of this chapter.  If a
minor has been removed from the custody of his or her parents, family
preservation and family reunification are appropriate goals for the
juvenile court to consider when determining the disposition of a
minor under the jurisdiction of the juvenile court as a consequence
of delinquent conduct when those goals are consistent with his or her
best interests and the best interests of the public.  When the minor
is no longer a ward of the juvenile court, the guidance he or she
received should enable him or her to be a law-abiding and productive
member of his or her family and the community.
   (c) It is also the purpose of this chapter to reaffirm that the
duty of a parent to support and maintain a minor child continues,
subject to the financial ability of the parent to pay, during any
period in which the minor may be declared a ward of the court and
removed from the custody of the parent.
   (d) Juvenile courts and other public agencies charged with
enforcing, interpreting, and administering the juvenile court law
shall consider the safety and protection of the public, the
importance of redressing injuries to victims, and the best interests
of the minor in all deliberations pursuant to this chapter.
Participants in the juvenile justice system shall hold themselves
accountable for its results.  They shall act in conformity with a
comprehensive set of objectives established to improve system
performance in a vigorous and ongoing manner.
   (e) As used in this chapter, "punishment" means the imposition of
sanctions.  It shall not include a court order to place a child in
foster care as defined by Section 727.3.  Permissible sanctions may
include the following:
   (1) Payment of a fine by the minor.
   (2) Rendering of compulsory service without compensation performed
for the benefit of the community by the minor.
   (3) Limitations on the minor's liberty imposed as a condition of
probation or parole.
   (4) Commitment of the minor to a local detention or treatment
facility, such as a juvenile hall, camp, or ranch.
   (5) Commitment of the minor to the Department of the Youth
Authority.
   "Punishment," for the purposes of this chapter, does not include
retribution.
   (f) In addition to the actions authorized by subdivision (e), the
juvenile court may, as appropriate, direct the offender to complete a
victim impact class, participate in victim offender conferencing
subject to the victim's consent, pay restitution to the victim or
victims, and make a contribution to the victim restitution fund after
all victim restitution orders and fines have been satisfied, in
order to hold the offender accountable or restore the victim or
community.
  SEC. 2.  Section 366.23 of the Welfare and Institutions Code is
amended to read:
   366.23.  (a) Whenever a juvenile court schedules a hearing
pursuant to Section 366.26 regarding a minor, it shall direct that
the fathers, presumed and alleged, and mother of the minor, the
minor, if 10 years of age or older, and any counsel of record, shall
be notified of the time and place of the proceedings and advised that
they may appear.  The notice shall also advise them of the right to
counsel, the nature of the proceedings, and of the requirement that
at the proceedings the court shall select and implement a plan of
adoption, legal guardianship, or long-term foster care for the minor.
  In all cases where a parent has relinquished his or her child for
the purpose of adoption, no notice need be given to that parent.
Service of the notice shall be completed at least 45 days before the
date of the hearing, except in those cases where notice by
publication is ordered in which case the service of the notice shall
be completed at least 30 days before the date of the hearing.  If the
petitioner is recommending termination of parental rights, notice of
this recommendation shall be either included in the notice of a
hearing scheduled pursuant to Section 366.26 and served within the
time period specified in this subdivision or provided by separate
notice to all persons entitled to receive notice by first-class mail
at least 15 days before the scheduled hearing.
   (b) Notice to the parent of the hearing may be given in any of the
following manners:
   (1) Personal service to the parent named in the notice.
   (2) Delivery to a competent person who is at least 18 years of age
at the parent's usual place of residence or business, and thereafter
mailed to the parent named in the notice by first-class mail at the
place where the notice was delivered.
   (3) If the place of residence is outside the state, service may be
made in the manner prescribed in paragraph (1) or (2), or by
certified mail, return receipt requested.
   (4) If the recommendation of the petitioner is limited to legal
guardianship or long-term foster care, service may be made by
first-class mail to the parent's usual place of residence or
business.
   (5) If the father or mother of the minor or any person alleged to
be or claiming to be the father or mother cannot, with reasonable
diligence, be served as provided for in paragraph (1), (2), (3), or
(4) or if his or her place of residence is not known, the probation
officer shall file an affidavit with the court at least 75 days
before the date of the hearing, stating the name of the father or
mother or alleged father or mother and his or her place of residence,
if known, setting forth the efforts that have been made to locate
and serve the parent.
   (A) If the court determines that there has been due diligence in
attempting to locate and serve the parent, and the petitioner limits
the recommendation to legal guardianship or long-term foster care,
the court shall order that notice be given to the grandparents of the
minor, if there are any and if their residences and relationships to
the minor are known, by first-class mail of the time and place of
the proceedings and that they may appear.  In any case where the
residence of the parent or alleged parent becomes known, notice shall
immediately be served upon the parent or alleged parent as set forth
in paragraph (1), (2), (3), or (4).
   (B) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the petitioner does not
limit the recommendation to legal guardianship or long-term foster
care, the court shall order that service to the parent be by
certified mail, return receipt requested, to the parent's counsel of
record, if any.  If the parent does not have counsel of record, the
court shall order that the service be made by publication of a
citation requiring the father or mother, or alleged father or mother,
to appear at the time and place stated in the citation, and that the
citation be published in a newspaper designated as most likely to
give notice to the father or mother.  Publication shall be made once
a week for four successive weeks.  In case of service to the parent
by certified mail on the counsel of record or publication where the
residence of a parent or alleged parent becomes known, notice shall
immediately be served upon the parent or alleged parent as set forth
in paragraph (1), (2), or (3).  When service to the parent by
certified mail on the counsel of record or publication is ordered,
service of a copy of the notice in the manner provided for in
paragraph (1), (2), or (3) is equivalent to service by certified mail
on the counsel of record or publication.  In any case where service
to the parent by certified mail on the counsel of record or
publication is ordered, the court shall also order that notice be
given to the grandparents of the minor, if there are any and if their
residences and relationships to the minor are known, by first-class
mail of the time and place of the proceedings and that they may
appear.
   If the identity of one or both of the parents or alleged parents
of the minor is unknown or if the name of either or both of his or
her parents or alleged parents is uncertain, then that fact shall be
set forth in the affidavit and the court, if ordering publication,
shall order the published citation to be directed to either the
father or the mother, or both, of the minor, and to all persons
claiming to be the father or mother of the minor naming and otherwise
describing the minor.  Personal service of a copy of the notice or
any other form of actual notice to counsel of record is the
equivalent of service to counsel of record by certified mail, return
receipt requested.
   (6) Notwithstanding paragraphs (1) to (5), inclusive, if the
parent is present at the hearing at which the court schedules a
hearing pursuant to Section 366.26 regarding the minor, the court
shall advise the parent of the time and place of the proceedings,
their right to counsel, the nature of the proceedings, and of the
requirement that at the proceedings the court select and implement a
plan of adoption, legal guardianship, or long-term foster care for
the minor.  The court shall order the parent to appear for the
proceedings and then direct that the parent be noticed thereafter by
first-class mail to the parent's usual place of residence or business
only.
   (7) Notwithstanding paragraphs (1) to (5), inclusive, whenever the
whereabouts of a parent is not known at the time the court schedules
a hearing pursuant to Section 366.26 regarding a minor, and the
petitioner presents to the court an affidavit setting forth the name
of the parent and the efforts that have been made to locate the
parent, the court shall order that the notice for the parent be as
set forth in subparagraph (A) or (B) of paragraph (5).
   (c) Notice to the minor, if 10 years of age or older of the
hearing shall be by first-class mail.
   (d) Service is deemed complete at the time the notice is
personally delivered to the party named in the notice, or 10 days
after the notice has been placed in the mail, or at the expiration of
the time prescribed by the order for publication, whichever occurs
first.  Notwithstanding subdivision (a), if the counsel of record is
present at the time that the court schedules a hearing pursuant to
Section 366.26 no further notice to the counsel of record shall be
required, except to notice counsel of a recommendation to terminate
parental rights as set forth in subdivision (a) or as required by
subparagraph (B) of paragraph (5) of subdivision (b).
   (e) Notwithstanding subdivisions (a) and (b) of this section and
Section 7666 of the Family Code, the juvenile court shall order that
no notice of the hearing under Section 366.26 be provided to all of
the following:
   (1) A mother or presumed father who has relinquished the child to
the State Department of Social Services or to a licensed adoption
agency for adoption, and the relinquishment has been accepted and
filed with notice as required under Section 8700 of the Family Code.

   (2) An alleged father who has denied paternity and has executed
Section 1 of Judicial Council form Paternity-Waiver of Rights
(JV-505) waiving notice of further hearings.
   (3) An alleged father who has relinquished the child to the
department or to a licensed adoption agency for adoption, and the
relinquishment has been accepted and filed with notice as required
under Section 8700 of the Family Code.
   (f) This section shall also apply to minors adjudged wards
pursuant to Section 727.31.
  SEC. 3.  Section 366.26 of the Welfare and Institutions Code is
amended to read:
   366.26.  (a) This section applies to children who are adjudged
dependent children of the juvenile court pursuant to subdivision (c)
of Section 360.  The procedures specified herein are the exclusive
procedures for conducting these hearings; Part 2 (commencing with
Section 3020) of Division 8 of the Family Code is not applicable to
these proceedings.  Section 8714.7 of the Family Code is applicable
and available to all dependent children meeting the requirements of
that section.  For children who are adjudged dependent children of
the juvenile court pursuant to subdivision (c) of Section 360, this
section and Sections 8604, 8605, 8606, and 8700 of the Family Code
and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12
of the Family Code specify the exclusive procedures for permanently
terminating parental rights with regard to, or establishing legal
guardianship of, the child while the child is a dependent child of
the juvenile court.
   (b) At the hearing, that shall be held in juvenile court for all
children who are dependents of the juvenile court, the court, in
order to provide stable, permanent homes for these children, shall
review the report as specified in Section 361.5, 366.21, or 366.22,
shall indicate that the court has read and considered it, shall
receive other evidence that the parties may present, and then shall
make findings and orders in the following order of preference:
   (1) Terminate the rights of the parent or parents and order that
the child be placed for adoption and, upon the filing of a petition
for adoption in the juvenile court, order that a hearing be set.  The
court shall proceed with the adoption after the appellate rights of
the natural parents have been exhausted.
   (2) On making a finding under paragraph (3) of subdivision (c),
identify adoption as the permanent placement goal and order that
efforts be made to locate an appropriate adoptive family for the
child within a period not to exceed 180 days.
   (3) Appoint a legal guardian for the child and order that letters
of guardianship issue.
   (4) Order that the child be placed in long-term foster care,
subject to the periodic review of the juvenile court under Section
366.3.
   In choosing among the above alternatives the court shall proceed
pursuant to subdivision (c).
   (c) (1) If the court determines, based on the assessment provided
as ordered under subdivision (i) of Section 366.21 or subdivision (b)
of Section 366.22, and any other relevant evidence, by a clear and
convincing standard, that it is likely the child will be adopted, the
court shall terminate parental rights and order the child placed for
adoption.  The fact that the child is not yet placed in a
preadoptive home nor with a relative or foster family who is prepared
to adopt the child, shall not constitute a basis for the court to
conclude that it is not likely the child will be adopted.  A finding
under subdivision (b) or paragraph (1) of subdivision (e) of Section
361.5 that reunification services shall not be offered, under
subdivision (e) of Section 366.21 that the whereabouts of a parent
have been unknown for six months or that the parent has failed to
visit or contact the child for six months or that the parent has been
convicted of a felony indicating parental unfitness, or, under
Section 366.21 or 366.22, that the court has continued to remove the
child from the custody of the parent or guardian and has terminated
reunification services, shall constitute a sufficient basis for
termination of parental rights unless the court finds a compelling
reason for determining that termination would be detrimental to the
child due to one or more of the following circumstances:
   (A) The parents or guardians have maintained regular visitation
and contact with the child and the child would benefit from
continuing the relationship.
   (B) A child 12 years of age or older objects to termination of
parental rights.
   (C) The child is placed in a residential treatment facility,
adoption is unlikely or undesirable, and continuation of parental
rights will not prevent finding the child a permanent family
placement if the parents cannot resume custody when residential care
is no longer needed.
   (D) The child is living with a relative or foster parent who is
unable or unwilling to adopt the child because of exceptional
circumstances, that do not include an unwillingness to accept legal
or financial responsibility for the child, but who is willing and
capable of providing the child with a stable and permanent
environment and the removal of the child from the physical custody of
his or her relative or foster parent would be detrimental to the
emotional well-being of the child.  This subparagraph does not apply
to any child who is living with a nonrelative and who is either (i)
under six years of age or (ii) a member of a sibling group where at
least one child is under six years of age and the siblings are, or
should be, permanently placed together.
   If the court finds that termination of parental rights would be
detrimental to the child pursuant to subparagraph (A), (B), (C), or
(D), it shall state its reasons in writing or on the record.
   (2) The court shall not terminate parental rights if at each and
every hearing at which the court was required to consider reasonable
efforts or services, the court has found that reasonable efforts were
not made or that reasonable services were not offered or provided.
   (3) If the court finds that termination of parental rights would
not be detrimental to the child pursuant to paragraph (1) and that
the child has a probability for adoption but is difficult to place
for adoption and there is no identified or available prospective
adoptive parent, the court may identify adoption as the permanent
placement goal and without terminating parental rights, order that
efforts be made to locate an appropriate adoptive family for the
child within a period not to exceed 180 days.  During this 180-day
period, the public agency responsible for seeking adoptive parents
for each child shall, to the extent possible, contact other private
and public adoption agencies regarding the availability of the child
for adoption.  During the 180-day period, the public agency shall
conduct the search for adoptive parents in the same manner as
prescribed for children in Sections 8708 and 8709 of the Family Code.
  At the expiration of this period, another hearing shall be held and
the court shall proceed pursuant to paragraph (1), (3), or (4) of
subdivision (b).  For purposes of this section, a child may only be
found to be difficult to place for adoption if there is no identified
or available prospective adoptive parent for the child because of
the child's membership in a sibling group, or the presence of a
diagnosed medical, physical, or mental handicap, or the child is the
age of seven years or more.
   (4) If the court finds that adoption of the child or termination
of parental rights is not in the best interest of the child, because
one of the conditions in subparagraph (A), (B), (C), or (D) of
paragraph (1) or in paragraph (2) applies, the court shall either
order that the present caretakers or other appropriate persons shall
become legal guardians of the child or order that the child remain in
long-term foster care.  Legal guardianship shall be considered
before long-term foster care, if it is in the best interests of the
child and if a suitable guardian can be found.  When the child is
living with a relative or a foster parent who is willing and capable
of providing a stable and permanent environment, but not willing to
become a legal guardian, the child shall not be removed from the home
if the court finds the removal would be seriously detrimental to the
emotional well-being of the child because the child has substantial
psychological ties to the relative caretaker or foster parents.  The
court shall also make an order for visitation with the parents or
guardians unless the court finds by a preponderance of the evidence
that the visitation would be detrimental to the physical or emotional
well-being of the child.
   (5) If the court finds that the child should not be placed for
adoption, that legal guardianship shall not be established, and that
there are no suitable foster parents except exclusive-use homes
available to provide the child with a stable and permanent
environment, the court may order the care, custody, and control of
the child transferred from the county welfare department to a
licensed foster family agency.  The court shall consider the written
recommendation of the county welfare director regarding the
suitability of the transfer.  The transfer shall be subject to
further court orders.
   The licensed foster family agency shall place the child in a
suitable licensed or exclusive-use home which has been certified by
the agency as meeting licensing standards.  The licensed foster
family agency shall be responsible for supporting the child and for
providing appropriate services to the child, including those services
ordered by the court.  Responsibility for the support of the child
shall not, in and of itself, create liability on the
                             part of the foster family agency to
third persons injured by the child.  Those children whose care,
custody, and control are transferred to a foster family agency shall
not be eligible for foster care maintenance payments or child welfare
services, except for emergency response services pursuant to Section
16504.
   (d) The proceeding for the appointment of a guardian for a child
who is a dependent of the juvenile court shall be in the juvenile
court.  If the court finds pursuant to this section that legal
guardianship is the appropriate permanent plan, it shall appoint the
legal guardian and issue letters of guardianship.  The assessment
prepared pursuant to subdivision (g) of Section 361.5, subdivision
(i) of Section 366.21, and subdivision (b) of Section 366.22 shall be
read and considered by the court prior to the appointment, and this
shall be reflected in the minutes of the court.  The person preparing
the assessment may be called and examined by any party to the
proceeding.
   (e) The proceeding for the adoption of a child who is a dependent
of the juvenile court shall be in the juvenile court if the court
finds pursuant to this section that adoption is the appropriate
permanent plan and the petition for adoption is filed in the juvenile
court.  Upon the filing of a petition for adoption, the juvenile
court shall order that an adoption hearing be set.  The court shall
proceed with the adoption after the appellate rights of the natural
parents have been exhausted.  The full report required by Section
8715 of the Family Code shall be read and considered by the court
prior to the adoption and this shall be reflected in the minutes of
the court.  The person preparing the report may be called and
examined by any party to the proceeding.  It is the intent of the
Legislature, pursuant to this subdivision, to give potential adoptive
parents the option of filing in the juvenile court the petition for
the adoption of a child who is a dependent of the juvenile court.
Nothing in this section is intended to prevent the filing of a
petition for adoption in any other court as permitted by law, instead
of in the juvenile court.
   (f) At the beginning of any proceeding pursuant to this section,
if the child or the parents are not being represented by previously
retained or appointed counsel, the court shall proceed as follows:
   (1) The court shall consider whether the interests of the child
require the appointment of counsel.  If the court finds that the
interests of the child do require this protection, the court shall
appoint counsel to represent the child.  If the court finds that the
interests of the child require the representation of counsel, counsel
shall be appointed whether or not the child is able to afford
counsel.  The child shall not be present in court unless the child or
the child's counsel so requests or the court so orders.
   (2) If a parent appears without counsel and is unable to afford
counsel, the court shall appoint counsel for the parent, unless this
representation is knowingly and intelligently waived.  The same
counsel shall not be appointed to represent both the child and his or
her parent.  The public defender or private counsel may be appointed
as counsel for the parent.
   (3) Private counsel appointed under this section shall receive a
reasonable sum for compensation and expenses, the amount of which
shall be determined by the court.  The amount shall be paid by the
real parties in interest, other than the child, in any proportions
the court deems just.  However, if the court finds that any of the
real parties in interest are unable to afford counsel, the amount
shall be paid out of the general fund of the county.
   (g) The court may continue the proceeding for not to exceed 30
days as necessary to appoint counsel, and to enable counsel to become
acquainted with the case.
   (h) At all proceedings under this section, the court shall
consider the wishes of the child and shall act in the best interests
of the child.
   The testimony of the child may be taken in chambers and outside
the presence of the child's parent or parents if the child's parent
or parents are represented by counsel, the counsel is present, and
any of the following circumstances exist:
   (1) The court determines that testimony in chambers is necessary
to ensure truthful testimony.
   (2) The child is likely to be intimidated by a formal courtroom
setting.
   (3) The child is afraid to testify in front of his or her parent
or parents.
   After testimony in chambers, the parent or parents of the child
may elect to have the court reporter read back the testimony or have
the testimony summarized by counsel for the parent or parents.
   The testimony of a child also may be taken in chambers and outside
the presence of the guardian or guardians of a child under the
circumstances specified in this subdivision.
   (i) Any order of the court permanently terminating parental rights
under this section shall be conclusive and binding upon the child,
upon the parent or parents and upon all other persons who have been
served with citation by publication or otherwise as provided in this
chapter.  After making the order, the court shall have no power to
set aside, change, or modify it, but nothing in this section shall be
construed to limit the right to appeal the order.
   (j) If the court, by order or judgment declares the child free
from the custody and control of both parents, or one parent if the
other does not have custody and control, the court shall at the same
time order the child referred to the State Department of Social
Services or a licensed adoption agency for adoptive placement by the
agency.  However, no petition for adoption may be granted until the
appellate rights of the natural parents have been exhausted.  The
State Department of Social Services or licensed adoption agency shall
be responsible for the custody and supervision of the child and
shall be entitled to the exclusive care and control of the child at
all times until a petition for adoption is granted.  With the consent
of the agency, the court may appoint a guardian of the child, who
shall serve until the child is adopted.
   (k) Notwithstanding any other provision of law, the application of
any person who, as a relative caretaker or foster parent, has cared
for a dependent child for whom the court has approved a permanent
plan for adoption, or who has been freed for adoption, shall be given
preference with respect to that child over all other applications
for adoptive placement if the agency making the placement determines
that the child has substantial emotional ties to the relative
caretaker or foster parent and removal from the relative caretaker or
foster parent would be seriously detrimental to the child's
emotional well-being.
   As used in this subdivision, "preference" means that the
application shall be processed and, if satisfactory, the family study
shall be completed before the processing of the application of any
other person for the adoptive placement of the child.
   (l) (1) An order by the court that a hearing pursuant to this
section be held is not appealable at any time unless all of the
following applies:
   (A) A petition for extraordinary writ review was filed in a timely
manner.
   (B) The petition substantively addressed the specific issues to be
challenged and supported that challenge by an adequate record.
   (C) The petition for extraordinary writ review was summarily
denied or otherwise not decided on the merits.
   (2) Failure to file a petition for extraordinary writ review
within the period specified by rule, to substantively address the
specific issues challenged, or to support that challenge by an
adequate record shall preclude subsequent review by appeal of the
findings and orders made pursuant to this section.
   (3) The Judicial Council shall adopt rules of court, effective
January 1, 1995, to ensure all of the following:
   (A) A trial court, after issuance of an order directing a hearing
pursuant to this section be held, shall advise all parties of the
requirement of filing a petition for extraordinary writ review as set
forth in this subdivision in order to preserve any right to appeal
in these issues.  This notice shall be made orally to a party if they
are present at the time of the making of the order or by first-class
mail by the clerk of the court to the last known address of a party
not present at the time of the making of the order.
   (B) The prompt transmittal of the records from the trial court to
the appellate court.
   (C) That adequate time requirements for counsel and court
personnel exist to implement the objective of this subdivision.
   (D) That the parent or guardian, or their trial counsel or other
counsel, is charged with the responsibility of filing a petition for
extraordinary writ relief pursuant to this subdivision.
   (4) The intent of this subdivision is to do both of the following:

   (A) Make every reasonable attempt to achieve a substantive and
meritorious review by the appellate court within the time specified
in Sections 366.21 and 366.22 for holding a hearing pursuant to this
section.
   (B) Encourage the appellate court to determine all writ petitions
filed pursuant to this subdivision on their merits.
   (5) This subdivision shall only apply to cases in which an order
to set a hearing pursuant to this section is issued on or after
January 1, 1995.
   (m) Except for subdivision (j), this section shall also apply to
minors adjudged wards pursuant to Section 727.31.
  SEC. 4.  Section 628 of the Welfare and Institutions Code is
amended to read:
   628.  (a) Upon delivery to the probation officer of a minor who
has been taken into temporary custody under the provisions of this
article, the probation officer shall immediately investigate the
circumstances of the minor and the facts surrounding his or her being
taken into custody and shall immediately release the minor to the
custody of his or her parent, legal guardian, or responsible relative
unless it can be demonstrated upon the evidence before the court
that continuance in the home is contrary to the child's welfare and
one or more of the following conditions exist:
   (1) The minor is in need of proper and effective parental care or
control and has no parent, legal guardian, or responsible relative;
or has no parent, legal guardian, or responsible relative willing to
exercise or capable of exercising that care or control; or has no
parent, legal guardian, or responsible relative actually exercising
that care or control.
   (2) The minor is destitute or is not provided with the necessities
of life or is not provided with a home or suitable place of abode.
   (3) The minor is provided with a home which is an unfit place for
him or her by reason of neglect, cruelty, depravity or physical abuse
of either of his or her parents, or of his or her legal guardian or
other person in whose custody or care he or she is.
   (4) Continued detention of the minor is a matter of immediate and
urgent necessity for the protection of the minor or reasonable
necessity for the protection of the person or property of another.
   (5) The minor is likely to flee the jurisdiction of the court.
   (6) The minor has violated an order of the juvenile court.
   (7) The minor is physically dangerous to the public because of a
mental or physical deficiency, disorder or abnormality.
   (b) In any case in which there is reasonable cause for believing
that a minor who is under the care of a physician or surgeon or a
hospital, clinic, or other medical facility and cannot be immediately
moved is a person described in subdivision (d) of Section 300, the
minor shall be deemed to have been taken into temporary custody and
delivered to the probation officer for the purposes of this chapter
while he or she is at the office of the physician or surgeon or that
medical facility.
  SEC. 5.  Section 635 of the Welfare and Institutions Code is
amended to read:
   635.  The court will examine the minor, his or her parent, legal
guardian, or other person having relevant knowledge, hear relevant
evidence the minor, his or her parent, legal guardian, or counsel
desires to present, and, unless it appears that the minor has
violated an order of the juvenile court or has escaped from the
commitment of the juvenile court or that it is a matter of immediate
and urgent necessity for the protection of the minor or reasonably
necessary for the protection of the person or property of another
that he or she be detained or that the minor is likely to flee to
avoid the jurisdiction of the court, the court shall make its order
releasing the minor from custody.
   The circumstances and gravity of the alleged offense may be
considered, in conjunction with other factors, to determine whether
it is a matter of immediate and urgent necessity for the protection
of the minor or reasonably necessary for the protection of the person
or property of another that the minor be detained.
   The court shall order release of the minor from custody unless a
prima facie showing has been made that the minor is a person
described in Section 601 or 602.
   If the probation officer has reason to believe that the minor is
at-risk of entering foster care placement as defined by Section
11402, then the probation officer shall submit a written report to
the court containing all of the following:  the reasons why the minor
has been removed from the parent's custody; any prior referrals for
abuse or neglect of the minor or any prior filings regarding the
minor pursuant to Section 300; the need, if any, for continued
detention; the available services that could facilitate the return of
the minor to the custody of the minor's parents or guardians; and
whether there are any relatives who are able and willing to provide
effective care and control over the minor.
  SEC. 6.  Section 636 of the Welfare and Institutions Code is
amended to read:
   636.  If it appears upon the hearing that the minor has violated
an order of the juvenile court or has escaped from a commitment of
the juvenile court or that it is a matter of immediate and urgent
necessity for the protection of the minor or reasonably necessary for
the protection of the person or property of another that he or she
be detained or that the minor is likely to flee to avoid the
jurisdiction of the court, and that continuance in the home is
contrary to the child's welfare, the court may make its order that
the minor be detained in the juvenile hall or other suitable place
designated by the juvenile court for a period not to exceed 15
judicial days and shall enter said order together with its findings
of fact in support thereof in the records of the court.  The
circumstances and gravity of the alleged offense may be considered,
in conjunction with other factors, to determine whether it is a
matter of immediate and urgent necessity for the protection of the
minor or the person or property of another that the minor be
detained.
   If the court finds that the criteria of Section 628.1 are
applicable, the court may, and after the operative date of that
section the court shall, place the minor on home supervision for a
period not to exceed 15 judicial days, and shall enter the order
together with its findings of fact in support thereof in the records
of the court.  If the court releases the minor on home supervision,
the court may continue, modify, or augment any conditions of release
previously imposed by the probation officer, or may impose new
conditions on a minor released for the first time.  If there are new
or modified conditions, the minor shall be required to sign a written
promise to obey those conditions pursuant to Section 628.1.
   The court shall make a determination on the record whether
continuance in the home of the parent or legal guardian is contrary
to the child's welfare, whether reasonable efforts were made to
prevent or eliminate the need for removal of the child from his or
her home, and whether there are available services that would prevent
the need for further detention.  If the child can be returned to the
custody of his or her parent or legal guardian through the provision
of those services, the court shall place the child with his or her
parent or legal guardian and order that the services shall be
provided.  Where the first contact with the family has occurred in an
emergency situation, in which the family could not exercise
effective care and control over the child, even if reasonable
services were provided, the court shall make a finding that the lack
of preplacement preventive efforts was reasonable.  Whenever a court
orders a child detained, the court shall state the facts on which the
detention is based, shall specify why the initial removal was
necessary, and shall order services to be provided as soon as
possible to reunify the child with his or her family if appropriate.
Whenever the court orders a child detained, the child's placement
and care shall be the responsibility of the probation department
pending disposition or further order of the court.
  SEC. 7.  Section 636.1 is added to the Welfare and Institutions
Code, to read:
   636.1.  When a minor is detained pursuant to Section 636 following
a finding by the court that continuance in the home is contrary to
the minor's welfare, the probation officer shall, within 30 calendar
days of initial removal, or by the date of the disposition hearing,
whichever occurs first, complete a case plan that identifies the
strengths and needs of the minor and his or her family.  The case
plan shall identify services that will be provided to the minor and
his or her family in order to reduce or eliminate the need for the
minor to be placed in foster care and make it possible for the minor
to safely return to his or her home.
  SEC. 8.  Section 652 of the Welfare and Institutions Code is
amended to read:
   652.  Whenever the probation officer has cause to believe that
there was or is within the county, or residing therein, a person
within the provisions of Section 601 or 602, the probation officer
shall immediately make an investigation he or she deems necessary to
determine whether proceedings in the juvenile court should be
commenced, including whether reasonable efforts, as described in
paragraph (5) of subdivision (d) of Section 727.4, have been made to
prevent or eliminate the need for removal of the minor from his or
her home.  However, this section does not require an investigation by
the probation officer with respect to a minor delivered or referred
to an agency pursuant to subdivision (b) of Section 626.
  SEC. 9.  Section 653.5 of the Welfare and Institutions Code is
amended to read:
   653.5.  (a) Whenever any person applies to the probation officer
to commence proceedings in the juvenile court, the application shall
be in the form of an affidavit alleging that there was or is within
the county, or residing therein, a minor within the provisions of
Section 602, or that a minor committed an offense described in
Section 602 within the county, and setting forth facts in support
thereof.  The probation officer shall immediately make any
investigation he or she deems necessary to determine whether
proceedings in the juvenile court shall be commenced.  If the
probation officer determines that it is appropriate to offer services
to the family to prevent or eliminate the need for removal of the
minor from his or her home, the probation officer shall make a
referral to those services.
   (b) Except as provided in subdivision (c), if the probation
officer determines that proceedings pursuant to Section 650 should be
commenced to declare a person to be a ward of the juvenile court on
the basis that he or she is a person described in Section 602, the
probation officer shall cause the affidavit to be taken to the
prosecuting attorney.
   (c) Notwithstanding subdivision (b), the probation officer shall
cause the affidavit to be taken within 48 hours to the prosecuting
attorney in all of the following cases:
   (1) If it appears to the probation officer that the minor has been
referred to the probation officer for any violation of an offense
listed in subdivision (b), paragraph (2) of subdivision (d), or
subdivision (e) of Section 707.
   (2) If it appears to the probation officer that the minor is under
14 years of age at the date of the offense and that the offense
constitutes a second felony referral to the probation officer.
   (3) If it appears to the probation officer that the minor was 14
years of age or older at the date of the offense and that the offense
constitutes a felony referral to the probation officer.
   (4) If it appears to the probation officer that the minor has been
referred to the probation officer for the sale or possession for
sale of a controlled substance as defined in Chapter 2 (commencing
with Section 11053) of Division 10 of the Health and Safety Code.
   (5) If it appears to the probation officer that the minor has been
referred to the probation officer for a violation of Section 11350
or 11377 of the Health and Safety Code where the violation takes
place at a public or private elementary, vocational, junior high
school, or high school, or a violation of Section 245.5, 626.9, or
626.10 of the Penal Code.
   (6) If it appears to the probation officer that the minor has been
referred to the probation officer for a violation of Section 186.22
of the Penal Code.
   (7) If it appears to the probation officer that the minor has
previously been placed in a program of informal probation pursuant to
Section 654.
   (8) If it appears to the probation officer that the minor has
committed an offense in which the restitution owed to the victim
exceeds one thousand dollars ($1,000).  For purposes of this
paragraph, the definition of "victim" in paragraph (1) of subdivision
(a) of Section 730.6 and "restitution" in subdivision (h) of Section
730.6 shall apply.
   Except for offenses listed in paragraph (5), the provisions of
subdivision (c) shall not apply to a narcotics and drug offense set
forth in Section 1000 of the Penal Code.
   The prosecuting attorney shall within his or her discretionary
power institute proceedings in accordance with his or her role as
public prosecutor pursuant to subdivision (b) of Section 650 and
Section 26500 of the Government Code.  However, if it appears to the
prosecuting attorney that the affidavit was not properly referred,
that the offense for which the minor was referred should be charged
as a misdemeanor, or that the minor may benefit from a program of
informal supervision, he or she shall refer the matter to the
probation officer for whatever action the probation officer may deem
appropriate.
   (d) In all matters where the minor is not in custody and is
already a ward of the court or a probationer under Section 602, the
prosecuting attorney, within five judicial days of receipt of the
affidavit from the probation officer, shall institute proceedings in
accordance with his or her role as public prosecutor pursuant to
subdivision (b) of Section 650 of this code and Section 26500 of the
Government Code, unless it appears to the prosecuting attorney that
the affidavit was not properly referred or that the offense for which
the minor was referred requires additional substantiating
information, in which case he or she shall immediately notify the
probation officer of what further action he or she is taking.
   (e) This section shall become operative on January 1, 1997.
  SEC. 10.  Section 658 of the Welfare and Institutions Code is
amended to read:
   658.  (a) Except as provided in subdivision (b), upon the filing
of the petition, the clerk of the juvenile court shall issue a
notice, to which shall be attached a copy of the petition, and he or
she shall cause the same to be served upon the minor, if the minor is
eight or more years of age, and upon each of the persons described
in subdivision (e) of Section 656 whose residence addresses are set
forth in the petition and thereafter before the hearing upon all
persons whose residence addresses become known to the clerk.  If the
court has ordered the care, custody, and control of the minor to be
under the supervision of the probation officer for foster care
placement pursuant to subdivision (a) of Section 727, the clerk shall
also issue a copy of that notice to any foster parents, preadoptive
parents, legal guardian, and any relatives providing care to the
minor whose residence addresses become known to the clerk.  The clerk
shall issue a copy of the petition, to the minor's attorney and to
the district attorney, if the district attorney has notified the
clerk of the court that he or she wishes to receive the petition,
containing the time, date, and place of the hearing.
   (b) Upon the filing of a supplemental petition where the minor has
been declared a ward of the court or a probationer under Section 602
in the original matter, the clerk of the juvenile court shall issue
a notice, to which shall be attached a copy of the petition, and he
or she shall cause the notice to be served upon the minor, if the
minor is eight or more years of age, and upon each of the persons
described in subdivision (e) of Section 656 whose residence addresses
are set forth in the supplemental petition and thereafter known to
the clerk.  The clerk shall issue a copy of the supplemental petition
to the minor's attorney, and to the district attorney if the
probation officer is the petitioner, or, to the probation officer if
the district attorney is the petitioner, containing the time, date,
and place of the hearing.
  SEC. 11.  Section 660 of the Welfare and Institutions Code is
amended to read:
   660.  (a) Except as provided in subdivision (b), if the minor is
detained, the clerk of the juvenile court shall cause the notice and
copy of the petition to be served on all persons required to receive
that notice and copy of the petition pursuant to subdivision (e) of
Section 656 and Section 658, either personally or by certified mail
with request for return receipt, as soon as possible after filing of
the petition and at least five days prior to the time set for
hearing, unless the hearing is set less than five days from the
filing of the petition, in which case, the notice and copy of the
petition shall be served at least 24 hours prior to the time set for
hearing.
   (b) If the minor is detained, and all persons entitled to notice
pursuant to subdivision (e) of Section 656 and Section 658 were
present at the detention hearing, the clerk of the juvenile court
shall cause the notice and copy of the petition to be served on all
persons required to receive the notice and copy of the petition,
either personally or by first-class mail,
              as soon as possible after the filing of the petition
and at least five days prior to the time set for hearing, unless the
hearing is set less than five days from the filing of the petition,
in which case the notice and copy of the petition shall be served at
least 24 hours prior to the time set for the hearing.
   (c) If the minor is not detained, the clerk of the juvenile court
shall cause the notice and copy of the petition to be served on all
persons required to receive the notice and copy of the petition,
either personally or by first-class mail, at least 10 days prior to
the time set for hearing.  If that person is known to reside outside
of the county, the clerk of the juvenile court shall mail the notice
and copy of the petition, by first-class mail, to that person, as
soon as possible after the filing of the petition and at least 10
days before the time set for hearing.  Failure to respond to the
notice shall in no way result in arrest or detention.  In the
instance of failure to appear after notice by first-class mail, the
court shall direct that the notice and copy of the petition is to be
personally served on all persons required to receive the notice and a
copy of the petition.  However, if the whereabouts of the minor are
unknown, upon a showing that all reasonable efforts to locate the
minor have failed or that the minor has willfully evaded service of
process, personal service of the notice and a copy of the petition is
not required and a warrant for the arrest of the minor may be issued
pursuant to Section 663.  Personal service of the notice and copy of
the petition outside of the county at least 10 days before the time
set for hearing is equivalent to service by first-class mail.
Service may be waived by any person by a voluntary appearance entered
in the minutes of the court or by a written waiver of service filed
with the clerk of the court at or prior to the hearing.
   (d) For purposes of this section, service on the minor's attorney
shall constitute service on the minor's parent or legal guardian.
  SEC. 12.  Section 706.5 of the Welfare and Institutions Code is
amended to read:
   706.5.  Each social study made by a probation officer that is
received into evidence pursuant to Section 706 shall include, but is
not limited to, the factual material described in subdivision (b) of
Section 727.4.  When placement within foster care is considered, the
social study made by a probation officer that is received into
evidence pursuant to Section 706 shall also include the factual
material described in subdivisions (a) and (b) of Section 727.4.  The
probation officer shall solicit comment from the appropriate local
education agency prior to completion of the study.
  SEC. 13.  Section 706.6 is added to the Welfare and Institutions
Code, to read:
   706.6.  Where a case plan is required pursuant to Section 706.5,
the case plan shall include, but not be limited to, the following
information:
   (a) A description of the circumstances that resulted in the child
being placed under the supervision of the probation department and in
foster care.
   (b) An assessment of the child's needs and the type of placement
best equipped to meet them.
   (c) A description of the type of home or institution in which the
child is to be placed, including a discussion of the safety and
appropriateness of the placement.
   (d) Specific time-limited goals and related activities designed to
enable the safe return of the minor to his or her home, or in the
event that return to his or her home is not possible, activities
designed to result in permanent placement or emancipation.  Specific
responsibility for carrying out the planned activities shall be
assigned to one or more of the following:
   (1) The probation department.
   (2) The minor's parent or parents or legal guardian or guardians,
as applicable.
   (3) The minor.
   (4) The foster parents or licensed agency providing foster care.
   (e) The projected date of completion of the case plan objectives
and the date services will be terminated.
   (f) Scheduled visits between the child and his or her family and
an explanation if no visits are made.
   (g) (1) When placement is made in a foster family home, group
home, or other child care institution that is either a substantial
distance from the home of the child's parent or legal guardian or
out-of-state, the case plan shall specify the reasons why the
placement is the most appropriate and is in the best interest of the
child.
   (2) When an out-of-state group home placement is recommended or
made, the case plan shall comply with Section 727.1 and Section
7911.1 of the Family Code.  In addition, documentation of the
recommendation of the multidisciplinary team and the rationale for
this particular placement shall be included.  The case plan shall
also address what in-state services or facilities were used or
considered and why they were not recommended.
   (h) If applicable, efforts to make it possible to place siblings
together, unless it has been determined that placement together is
not in the best interest of one or more siblings.
   (i) A schedule of visits between the child and the probation
officer, including a monthly visitation schedule for those children
placed in group homes.
   (j) Health and education information about the child, school
records, immunizations, known medical problems, and any known
medications the child may be taking, names and addresses of the child'
s health and educational providers; the child's grade level
performance; assurances that the child's placement in foster care
takes into account proximity to the school in which the child was
enrolled at the time of placement; and other relevant health and
educational information.
   (k) When out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.

   (l) When out-of-home services are used and the child's case plan
does not provide for adoptive placement, the case plan shall include
documentation of the compelling reason or reasons why termination of
parental rights is not in the child's best interest.  For purposes of
this subdivision, the phrase "compelling reasons" shall have the
same meaning as in subdivision (i) of Section 727.3.
   (m) Each updated case plan shall include a description of the
services that have been provided to the child under the plan and an
evaluation of the appropriateness and effectiveness of those
services.
   (n) Parents, legal guardians, and the child shall have an
opportunity to participate in the development of the case plan, to
review the case plan, to sign it whenever possible, and to receive a
copy of the plan.
   (o) For a child in out-of-home care who is 16 years of age or
older, a written description of the programs and services, which will
help the child prepare for the transition from foster care to
independent living.
  SEC. 14.  Section 726.4 is added to the Welfare and Institutions
Code, to read:
   726.4.  (a) At the disposition hearing, in any case where the
court orders the care, custody, and control of the minor to be under
the supervision of the probation officer for foster care placement
pursuant to subdivision (a) of Section 727, the court shall inquire
of the mother and any other appropriate person as to the identity and
address of all presumed or alleged fathers.  The presence at the
hearing of a man claiming to be the father shall not relieve the
court of its duty of inquiry.  The inquiry may include all of the
following:
   (1) Whether a judgment of paternity already exists.
   (2) Whether the mother was married or believed she was married at
the time of conception of the child or at any time thereafter.
   (3) Whether the mother was cohabiting with a man at the time of
conception or birth of the child.
   (4) Whether the mother has received support payments or promises
of support with respect to the child or in connection with her
pregnancy.
   (5) Whether any man has formally or informally acknowledged or
declared his possible paternity of the child.
   (6) Whether paternity tests have been administered and the
results, if any.
   (b) If, after the court inquiry, one or more men are identified as
an alleged father, each alleged father shall be provided notice at
his last and usual place of abode by certified mail return receipt
requested alleging that he is or could be the father of the child.
The notice shall state that the child is the subject of proceedings
under Section 602 and that the proceedings could result in the
termination of parental rights and adoption of the child.  Nothing in
this section shall preclude a court from terminating a father's
parental rights even if he appears at the hearing and files an action
under Section 7630 or 7631 of the Family Code.
   (c) The court may determine that the failure of an alleged father
to return the certified mail receipt is not good cause to continue a
hearing pursuant to Section 682.
   (d) If a man appears in the delinquency action and files an action
under Section 7630 or 7631 of the Family Code, the court shall
determine if he is the father.
   (e) After a petition has been filed to declare a minor a ward of
the court, and until the time that the petition is dismissed,
wardship is terminated, or parental rights are terminated pursuant to
Section 727.31, the juvenile court which has jurisdiction of the
wardship action shall have exclusive jurisdiction to hear an action
filed under Section 7630 or 7631 of the Family Code.
  SEC. 15.  Section 727.2 is added to the Welfare and Institutions
Code, to read:
   727.2.  When the court orders the care, custody and control of the
minor to be under the supervision of the probation officer for
foster care placement pursuant to subdivision (a) of Section 727, the
decision regarding choice of placement shall be based upon selection
of a safe setting that is the least restrictive or most family like,
and the most appropriate setting that is available and in close
proximity to the parent's home, consistent with the selection of the
environment best suited to meet the child's special needs and best
interests.  The selection shall consider, in order of priority,
placement with relatives, tribal members, and foster family, group
care, and residential treatment pursuant to Section 7950 of the
Family Code.
  SEC. 16.  Section 727.3 is added to the Welfare and Institutions
Code, to read:
   727.3.  The purpose of this section is to provide a means to
monitor the care of every child in foster care who has been declared
a ward of the juvenile court pursuant to Section 601 or 602 to ensure
that everything reasonably possible is done to facilitate the safe
early return of the child to his or her own home or to establish a
permanent plan for the child.
   (a) Whenever the court orders the care, custody, and control of
the minor to be under the supervision of the probation officer for
placement pursuant to subdivision (a) of Section 727, the juvenile
court shall order the probation department to ensure the provision of
services to facilitate the safe return of the child to a safe home
or the permanent placement of the child, and to address the needs of
the child while in foster care.
   (b) A child shall be deemed to have entered foster care, for
purposes of this section, on the date that is 60 days after the date
on which the minor was removed from his or her home.
   (c) The status of every child declared a ward and placed in foster
care shall be reviewed at the time of the initial placement order
and then as determined by the court but no less frequently than once
every six months, as calculated from the date the minor entered
foster care.  If the court so elects, the court may declare the
hearing at which the court orders the care, custody, and control of
the minor to be under the supervision of the probation officer for
foster care placement pursuant to subdivision (a) of Section 727 as
the first status review hearing.  At each status review hearing, the
court shall consider the safety of the child and make findings and
orders which determine the following:
   (1) The continuing necessity for and appropriateness of the
placement.
   (2) The extent of the probation department's compliance with the
case plan in making reasonable efforts to safely return the child to
the child's home or to complete whatever steps are necessary to
finalize the permanent placement of the child.
   (3) The extent of progress that has been made toward alleviating
or mitigating the causes necessitating placement in foster care.
   (4) The likely date by which the child may be returned to and
safely maintained in the home or placed for legal guardianship or
adoption.
   (d) The status review hearings required by subdivision (c) may be
heard by an administrative review panel, provided:
   (1) The administrative review shall be open to participation by
the child and parents or legal guardians and all those persons
entitled to notice under Section 727.4.
   (2) The child and his or her parents or legal guardians receive
proper notice as required in Section 727.4.
   (3) The administrative review panel is composed of persons
appointed by the presiding judge of the juvenile court, the
membership of which shall include at least one person who is not
responsible for the case management of, or delivery of services to,
the child or the parents who are the subject of the review.
   (4) The findings of the administrative review panel shall be
submitted to the juvenile court for the court's approval and shall
become part of the official court record.
   (e) At the status review hearing the court shall order return of
the child to the physical custody of his or her parent or legal
guardian unless the court finds, by a preponderance of the evidence,
that the return of the child to his or her parent or legal guardian
would create a substantial risk of detriment to the safety,
protection, or physical or emotional well-being of the child.  The
probation department shall have the burden of establishing that
detriment.  The failure of the child to participate in court-ordered
treatment programs shall be prima facie evidence that the return of
the child would be detrimental.  In making its determination, the
court shall review and consider the social study report and
recommendations pursuant to Section 706.5 and the report and
recommendations of any child advocate appointed for the child in the
case, and shall consider the efforts or progress, or both,
demonstrated by the child and family and the extent to which the
child availed himself or herself of the services provided.
   (f) There shall be a permanency planning hearing within 12 months
of the date the child entered foster care and periodically
thereafter, but no less frequently than every 12 months during the
period of placement.  It shall be the duty of the probation officer
to prepare a written social study report pursuant to Section 706.5
containing a statement of the responsibilities of the parents or
legal guardians, the probation department, the caseworker of the
probation department, the foster parents, and the child.  The written
social study shall also describe the goals for the child's placement
and care with the department, including the services provided to
achieve the goal that the child shall exhibit lawful and productive
behavior, and the appropriate plan for permanence for the child.  The
report shall be submitted to the court at the permanency planning
hearing.
   (1) At all permanency planning hearings, the court shall determine
the permanent plan for the child that includes a determination of
whether the child will be returned to the physical custody of the
parent or legal guardian.  Upon findings that there is substantial
probability that additional services will aid the safe return of the
child to the physical custody of his or her parents or legal guardian
within six months, the court may order further reunification
services to be provided to the child and parent or legal guardian for
a period not to exceed six months.  For purposes of this section, in
order to find a substantial probability, the court shall be required
to find the child and his or her parents or guardians to have
demonstrated the capacity and ability to complete the objectives of
his or her case plan.  If the child is not returned to a parent or
legal guardian at the permanency hearing, the court shall determine
whether or not the child should be referred for adoption proceedings,
referred for legal guardianship pursuant to subdivision (c) of
Section 728, or referred to an alternative planned permanent living
arrangement, including whether, because of the child's special needs
or circumstances, the child should be continued in foster care on a
permanent basis.  The court shall also determine the extent of
progress in achieving the treatment goals of the plan.  In the case
of a child who has reached 16 years of age, the hearing shall, in
addition, determine the services needed to assist the child to make
the transition from foster care to independent living.
   (2) An "alternative planned permanent living arrangement" means a
permanent foster care placement with a specific identified foster
family on a permanent basis, a facility described in Section 11402,
or an independent living arrangement, such as emancipation by
marriage, court order, or reaching the age of majority.
   (3) When a minor is placed in long-term foster care with a
relative, the court may authorize the relative to provide the same
legal consent for the minor's medical, surgical, and dental care, and
education as the custodial parent of the minor.
   (4) If the child has a continuing involvement with his or her
parents or legal guardians, the parents or legal guardians shall be
involved in the planning for a permanent placement.  The court order
placing the child in a permanent placement shall include a
specification of the nature and frequency of visiting arrangements
with the parents or legal guardians.
   (5) Any change in the placement of a child in permanent foster
care or the responsibilities of the foster parents for that child
shall be made only by order of the court that ordered the placement
pursuant to a petition filed pursuant to Section 778.
   (g) Prior to any status or permanency hearing involving a child in
the physical custody of a community care facility or foster family
agency, the facility or agency shall file with the court a report
containing its recommendations.  Prior to any status or permanency
hearing involving the physical custody of a foster parent, relative
caregiver, preadoptive parent, or legal guardian, that person may
present to the court a report containing his or her recommendations.
The court shall consider all reports and recommendations, filed
pursuant to this subdivision.
   (h) If the minor is not returned to the custody of a parent or
legal guardian at the permanency hearing, the court shall do one of
the following:
   (1) Continue the case for up to six months for a permanency
reviewing hearing, provided that the hearing shall occur within 18
months of the date the minor was originally taken from the physical
custody of his or her parent or legal guardian.  The court shall
continue the case only if it finds that there is a substantial
probability that the minor will be returned to the physical custody
of his or her parent or legal guardian and safely maintained in the
home within the extended period of time or that reasonable services
have not been provided to the parent or guardian.
   The court shall inform the parent or legal guardian that if the
minor cannot be returned home by the next permanency review hearing,
a proceeding pursuant to Section 727.31 may be instituted.  The court
shall not order that a hearing pursuant to Section 727.31 be held
unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
   (2) Order that the minor remain in long-term foster care, but only
if the court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency, that there is a compelling
reason for determining that a hearing held pursuant to Section 727.31
is not in the best interest of the minor because the minor is not a
proper subject for adoption and has no one willing to accept legal
guardianship.  For purposes of this section, a recommendation by the
State Department Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency that adoption is not in the
best interest of the minor shall constitute a compelling reason for
the court's determination.  That recommendation shall be based on the
present circumstances of the minor and shall not preclude a
different recommendation at a later date if the minor's circumstances
change.
   (3) Order that the hearing be held within 120 days, pursuant to
Section 727.31, if there is clear and convincing evidence that
reasonable services have been provided or offered to the parents.
   (i) Notwithstanding subdivision (h), the court shall not order a
hearing pursuant to Section 727.31 if the probation department has
documented a compelling reason for determining that the termination
of parental rights would not be in the minor's best interests.  A
compelling reason is either of the following:
   (1) A determination made by the probation officer that any of the
following applies:
   (A) The parent or legal guardians have maintained regular
visitation and contact with the minor and the minor would benefit
from continuing the relationship.
   (B) The permanent plan is for the minor to return to his or her
own home.
   (C) A child 12 years of age or older objects to termination of
parental rights.
   (D) The minor is placed in residential treatment facility,
adoption is unlikely or undesirable, and continuation of parental
rights will not prevent finding the minor a permanent family
placement if the parents cannot resume custody when residential care
is no longer needed.
   (2) A determination by the licensed county adoption agency or the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency
that the minor is unlikely to be adopted and the child is living with
a relative who is unable or unwilling to adopt the child because
exceptional circumstances that do not include an unwillingness to
accept legal or financial responsibility for the minor but who is
willing and capable of providing the minor with a stable and
permanent home environment, and the removal of the minor from the
physical custody of his or her relative or foster parent would be
detrimental to the minor's emotional well-being.
   (j) Whenever the court orders that a hearing pursuant to Section
727.31 shall be held, it shall direct the agency supervising the
minor and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include all of the following:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount and nature of any contact between the
minor and his or her parents and other members of his or her extended
family since the time of placement.  Although the extended family of
each minor shall be reviewed on case-by-case basis, "extended family"
for the purpose of the paragraph shall include, but not be limited
to, the minor's siblings, grandparents, aunts, and uncles.
   (3) An evaluation of the minor's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the minor's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship.  If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3.
   (5) The relationship of the minor to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation of seeking adoption or guardianship, and
a statement from the minor concerning placement and the adoption or
guardianship, unless the minor's age or physical, emotional, or other
condition precludes his or her meaningful response, and if so, a
description of the condition.
   (6) An analysis of the likelihood that the minor will be adopted
if parental rights are terminated.
   (7) Whenever a court orders a hearing pursuant to Section 727.31,
it shall order that the State Department of Social Services when it
is acting as an adoption agency in counties that are not served by a
county adoption agency or the licensed county adoption agency has
exclusive responsibility for determining the adoptive placement and
making all adoption-related decisions.
   (k) Nothing in this section shall be construed to limit the
ability of a parent to voluntarily relinquish his or her child to the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency
or to a licensed county adoption agency at any time while the minor
is a ward of the juvenile court if the department agency is willing
to accept the relinquishment.
  SEC. 17.  Section 727.31 is added to the Welfare and Institutions
Code, to read:
   727.31.  (a) This section applies to all minors placed in
out-of-home care pursuant to Section 727.3 and for whom the juvenile
court orders a hearing to consider permanently terminating parental
rights to free the minor for adoption.
   Except for subdivision (i) of Section 366.26, the procedures for
permanently terminating parental rights for minors described by this
section shall proceed exclusively pursuant to Section 366.26.
             At the beginning of any proceeding pursuant to this
section, if the minor is not being represented by previously retained
or appointed counsel, the court shall appoint counsel to represent
the minor, and the minor shall be present in court unless the minor
or the minor's counsel so requests and the court so orders.  If a
parent appears without counsel and is unable to afford counsel, the
court shall appoint counsel for the parent, unless this
representation is knowingly and intelligently waived.  The same
counsel shall not be appointed to represent both the minor and the
parent.  Private counsel appointed under this section shall receive a
reasonable sum for compensation and expenses as specified in
subdivision (f) of paragraph (3) in Section 366.26.
   (b) If the court, by order of judgment declares the minor free
from the custody and control of both parents, or one parent if the
other does not have custody and control, the court shall at the same
time order the minor referred to the State Department of Social
Services when it is acting as an adoption agency in counties that are
not served by a county adoption agency or a licensed county adoption
agency for adoptive placement by the agency.  The order shall state
that responsibility for custody of the minor shall be held jointly by
the probation department and the State Department of Social Services
when it is acting as an adoption agency in counties that are not
served by a county adoption agency or the licensed county adoption
agency.  The order shall also state that the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency or the licensed
county adoption agency has exclusive responsibility for determining
the adoptive placement and for making all adoption-related decisions.
  However, no petition for adoption may be granted until the
appellate rights of the natural parents have been exhausted.
   (c) The notice procedures for terminating parental rights for
minors described by this section shall proceed exclusively pursuant
to Section 366.23.
  SEC. 18.  Section 727.4 is added to the Welfare and Institutions
Code, to read:
   727.4.  (a) Notice of any hearing pursuant to Section 727 shall be
mailed by the probation officer to the child, the child's parent or
guardian, any adult provider of care to the child including, but not
limited to, foster parents, relative caregivers, preadoptive parents,
community care facility, or foster family agency and to the counsel
of record if the counsel of record was not present at the time that
the hearing was set by the court, by first-class mail addressed to
the last known address of the person to be notified, or shall be
personally served on those persons, not earlier than 30 days nor
later than 15 days preceding the date of the hearing.  The notice
shall contain a statement regarding the nature of the status review
or permanency planning hearing and any change in the custody or
status of the child being recommended by the probation department.
The notice shall also include a statement informing the foster
parents, relative caregivers, or preadoptive parents that he or she
may attend all hearings or may submit any information he or she deems
relevant to the court in writing.  The foster parents, relative
caregiver, and preadoptive parents are entitled to notice and
opportunity to be heard but need not be made parties to the
proceedings.
   (b) At least 10 calendar days prior to each status review and
permanency planning hearing, after the hearing during which the court
orders that the care, custody and control of the minor to be under
the supervision of the probation officer for placement pursuant to
subdivision (a) of Section 727, the probation officer shall file a
social study report with the court.  The social study report shall
include, but not be limited to, the following information:
   (1) Progress toward goals established in the case plan previously
submitted to the court.
   (2) The extent of progress that has been made toward alleviating
or mitigating the causes necessitating placement in foster care.
   (3) The safety of the child and the continuing necessity for and
appropriateness of the placement.
   (4) A likely date by which the child may be returned to and safely
maintained in the hope or placed for adoption or legal guardianship.

   (5) An updated case plan as specified in Section 706.6.
   (6) Whether the child has been or will be referred to educational
services and what services the child is receiving, including special
education and related services if the child has exceptional needs as
described in Part 30 (commencing with Section 56000) of Division 4 of
Title 2 of the Education Code or accommodations if the child has
disabilities as described in Chapter 16 of Title 29 of the United
States Code Annotated.  The social worker or child advocate shall
solicit comments from the appropriate local education agency prior to
completion of the social study.
   (7) Whether the right of the parent or guardian to make
educational decisions for the child should be limited by the court
pursuant to Section 7579.5 of the Government Code.
   (c) The probation department shall inform the child, the child's
parent or guardian, and all counsel of record that a copy of the
social study prepared for the hearing will be available 10 days prior
to the hearing and may be obtained from the probation officer.
   (d) As used in this section:
   (1) "Foster care" means residential care provided in any of the
settings described in Section 11402.
   (2) "At risk of entering foster care" means that conditions within
a child's family may necessitate his or her entry into foster care
unless those conditions are resolved.
   (3) "Preadoptive parent" means a licensed foster parent who has
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency or by a licensed adoption
agency.
   (4) "Date of entry into foster care" means the date that is 60
days after the date on which the minor was removed from his or her
home.
   (5) "Reasonable efforts" are those efforts made to prevent or
eliminate the need for removing the minor from the minor's home, and
efforts to make it possible for the minor to return home, including,
but not limited to, case management, counseling, parenting training,
mentoring programs, vocational training, educational services,
substance abuse treatment, transportation, and therapeutic day
services.
   (6) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," "grand," or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.
  SEC. 19.  Section 1.1 of this bill incorporates amendments to
Section 202 of the Welfare and Institutions Code proposed by both
this bill and AB 645.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2000,
(2) each bill amends Section 202 of the Welfare and Institutions
Code, and (3) this bill is enacted after AB 645, in which case
Section 1 of this bill shall not become operative.
  SEC. 20.  By July 1, 2000, the Judicial Council shall adopt rules
of court, forms, and procedures to implement statutes pertaining to
children in foster care placements as described in Section 11402 of
the Welfare and Institutions Code.
  SEC. 21.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
